State Codes and Statutes
Statutes >
Iowa >
Title-6 >
Subtitle-3 >
Chapter-229a >
229a-5a
229A.5A POWERS OF INVESTIGATIVE PERSONNEL BEFORE A
PETITION IS FILED.
1. The prosecuting attorney or attorney general is authorized
upon the occurrence of a recent overt act, or upon receiving written
notice pursuant to section 229A.3, or before the filing of a petition
under this chapter, to subpoena and compel the attendance of
witnesses, examine the witnesses under oath, and require the
production of documentary evidence for inspection, reproduction, or
copying. Except as otherwise provided by this section, the
prosecuting attorney or attorney general shall have the same powers
and limitations, subject to judicial oversight and enforcement, as
provided by this chapter and by the Iowa rules of civil procedure.
Any person compelled to appear under a demand for oral testimony
under this section may be accompanied, represented, and advised by
counsel at the person's own expense.
2. The examination of all witnesses under this section shall be
conducted by the prosecuting attorney or attorney general before an
officer authorized to administer oaths under section 63A.1. The
testimony shall be taken by a certified shorthand reporter or by a
sound recording device and shall be transcribed or otherwise
preserved in the same manner as provided for the preservation of
depositions under the Iowa rules of civil procedure. The prosecuting
attorney or attorney general may exclude from the examination all
persons except the witness, witness's counsel, the officer before
whom the testimony is to be taken, law enforcement officials, and a
certified shorthand reporter. Prior to oral examination, the person
shall be advised by the prosecuting attorney or attorney general of
the person's right to refuse to answer any questions on the basis of
the privilege against self-incrimination. The examination shall be
conducted in a manner consistent with the rules dealing with the
taking of depositions. Section History: Recent Form
99 Acts, ch 61, §5, 14; 2000 Acts, ch 1058, §23
